PELAKSANAAN PRINSIP KEHATI-HATIAN PERBANKAN DENGAN COVERNOTE NOTARIS-PEJABAT PEMBUAT AKTA TANAH SEBAGAI SYARAT PENCAIRAN PEMBIAYAAN (Studi di Perseroan Terbatas Bank Pembiayaan Rakyat Syariah Insan Madani Sukoharjo)

Lilin Royani. S3501208024. IMPLEMENTATION OF PRUDENTIAL BANKING PRINCIPLE WITH COVERNOTES BY NOTARY-CONVEYANCER AS REQUIREMENTS FOR FINANCE DISBURSEMENT (A Study on the Limited Liability Company of PT Bank Pembiayaan Rakyat Syariah Insan Madani Sukoharjo). The Graduate Program in Notarial Law, Sebelas Maret University, Surakarta 2015. This research are studies how the legal force of covernotes is and what constraints are encountered by bank in the implementation of prudential banking principle on the finance with covernotes by notaries/conveyancers as requirements for loan disbursement. This research used the descriptive empirical research method. It was conducted at the limited liability company of PT Bank Pembiayaan Rakyat Syariah Insan Madani Sukoharjo, a notary office in Klaten Regency, and a notary officer in Surakarta City. The data of research consisted of primary and secondary ones. They were collected through in-depth interview and library research. They were analyzed by using the interactive model of analysis. The result of research shows that cover note is a certificate to explain that there is a legal event taking place before a notary/a conveyancer. The existence of cover notes in banking business provides a confidence, a trust, and a sense of security for banks in finance disbursement. The cover notes do not bear a legal force and do not guarantee a legal certainty because they are not authentic deeds. In addition, none of the articles of Law Number 2 of 2014 regarding Amendment to Law Number 30 of 2004 regarding Notary Profession and Government Regulation Number: 37 of 1998 interprets the duties and authorities of notaries/conveyancers to issue cover notes. The cover notes occur due to the practice and need in banking business so that they only bound between the bank and notaries/conveyancers morally. The implementation of prudential banking principle on the finance with covernotes as requirements for finance disbursement at the limited liability company of PT BPRS Insan Madani Sukoharjo encounters some problems due to the following : There is not any explicit covernote regulation in laws and regulations, The bank are lack of legal consequence understanding, the competition among sharia banks is tough, the administrative requirements for the finance disbursement are less completed, the arrangement of it at the Land Office requires much time; and many problems occur due to the debtors. The health of banks is for the interest of all parties, and therefore one measure that shall be done is to enforce the discipline of banks in implementing the prudential banking principle. The notaries/convenyancers when acting shall conform to their authorities based on the prevailing laws and regulations so as to give legal protection to banks and customers. Keywords: prudential banking principle, finance, covernote